REFUND OF ELECTRONIC FILING FEES

(a) Authority of the Clerk. The Clerk is authorized to administer refunds of all duplicative or erroneous fees paid to the Court electronically. The Clerk may refund only duplicative payments in which the payor has inadvertently paid the filing fee more than once in the same case, resulting in two or more identical credit card charges and erroneous payments in which the payor has inadvertently made a fee payment when no fee was due. (b) Requests for Refund.

(1) Application. A payor seeking a refund must complete an Application for Refund form. The completed Application for Refund form, along with supporting documentation, shall be submitted to the Clerk’s Office via email. (2) Verification of Erroneous Payment.

The Clerk, upon verification of an error, shall process the refund to the same credit card from which the duplicative or erroneous payment was made. (c) Review of Denial of Refund. If the Clerk denies the application for refund, the payor may, within 14 days of the denial, file a motion requesting that the presiding judge or the Chief Judge, if it is not case specific, review the denial. Effective 12/1/15: Rule added.

63 [ THIS PAGE INTENTIONALLY LEFT BLANK ] LOCAL RULES APPLICABLE TO CIVIL PROCEEDINGS [ THIS PAGE INTENTIONALLY LEFT BLANK ] U.S. DISTRICT COURT RULES -- RULES APPLICABLE TO CIVIL PROCEEDINGS LR Cv 5 FORM AND FILING OF DOCUMENTS (a) Form and Content of Documents. All documents filed in a civil case shall be on 8½" x 11" paper and shall include the following: (1) (2) (3) (4) (5) Captions. Any pleading or other document asserting a claim or counterclaim of any type shall include the full caption showing the names of all parties. Documents filed after a case is docketed shall also include the name, case number and initial(s) of the judge to whom the case has been assigned.

Titles. All documents shall bear a title that concisely states the precise nature of the document and identifies the party filing it. Format; Page Numbering. Unless otherwise provided or ordered by the Court, all documents shall be double-spaced and typed in at least 12-point font.

Footnotes shall be in at least 10-point font and may be single-spaced. Where a document is more than one page in length, the pages shall be numbered at the bottom center of each page. Jury Demand. Any pleading containing a demand for a jury trial shall set forth the demand to the right of the caption, below the case number.

Signing of Pleadings. All documents filed on behalf of a party shall be signed by counsel representing the party on whose behalf the document is filed, or in the case of parties proceeding pro se, by the party himself or herself. The name, address and telephone number of the individual signing the document shall be typed or printed below the signature. Documents filed by attorneys also shall bear the attorney’s bar number, and the name, address, fax number and e-mail address of the attorney’s law firm.

(b) Civil Cover Sheet. Any person filing a complaint in a civil case or any other document that requires a file to be opened shall contemporaneously file a completed civil cover sheet describing the type of case and identifying any related case previously filed or pending in this Court. The Clerk may reclassify a case if the cover sheet does not accurately describe its type. Cover sheets shall be provided by the Clerk upon request.

(1) Related Case. A party initiating a civil case shall identify any cases previously filed or pending in this Court on the civil cover sheet that involve: (A) some or all of the same parties; and (B) the same or substantially similar issues of fact. 67 U.S. DISTRICT COURT RULES -- RULES APPLICABLE TO CIVIL PROCEEDINGS (c) (d) (e) (f) (2) Ongoing Duty. After the assignment of a civil case pursuant to LR Gen 105, counsel shall promptly notify the Court if they identify a related case as defined in LR Cv 5(b)(1) to avoid unnecessary duplication of judicial effort.

Filing Fee. Any applicable filing fee prescribed by law shall be paid to the Clerk at the time of filing. If payment is made by check, the check shall be made payable to "Clerk, United States District Court." Discovery Documents. Unless otherwise ordered by the Court, disclosures made under Fed. R. Civ. P. 26(a)(1)-(3), notices of deposition, deposition transcripts, interrogatories, requests for production, requests for admission, and answers and responses thereto, shall not be filed with the Court.

The parties in possession of such documents shall be responsible for preserving them and making them available for use at trial and/or for other purposes required by the Court. Subpoenas. Subpoenas, including proofs of service, shall not be filed with the Court, unless otherwise ordered by the Court or required by the Federal Rules of Civil Procedure. The parties in possession of such documents shall be responsible for preserving them and making them available for use at trial and/or for other purposes required by the Court.

Place for Filing Documents. The original and all copies of any document filed with the Court that is part of the record in a case shall be filed with the Clerk. Such documents shall not be filed in a judge’s chambers, unless otherwise required by these Rules or authorized by that judge. The Clerk will retain and docket original documents and will forward copies to the judicial officer to whom the case has been assigned.

Effective 4/1/24: §(b) amended. Effective 12/1/17: §(b) amended and comment removed. Effective 12/1/15: §(b) amended and comment added. Effective 12/1/11: (b) amended.

Effective 10/1/09: New §(e) added, and old §(e) redesignated §(f). Effective 1/5/09: §(a)(3) amended. Effective 3/17/08: §§(a)(3) and (d) amended. CROSS-REFERENCES See LR Cv 5.1 (Proof of Service of Summons and Other Documents), LR Cv 5.2 (Notice by Publication), LR Cv 7 (Motions and Other Papers) and LR Cv 56 (Motions for Summary Judgment).

See also LR Cr 57 (form and filing of documents and use of cover sheets in criminal cases); and 28 U.S.C.§1914(a) (governing filing fee for civil actions). 68 U.S. DISTRICT COURT RULES -- RULES APPLICABLE TO CIVIL PROCEEDINGS LR Cv 5.1 PROOF OF SERVICE OF SUMMONS AND OTHER DOCUMENTS (a) Summons. Unless service is waived, proof of service of a summons must be filed with the Court within 14 days after service is made. Except for service by a United States marshal or deputy marshal, the proof of service must consist of an affidavit by the person who made service certifying: (1) (2) (3) the date and manner of service; the names of the persons served; and the addresses of the persons served.

(b) Certificates of Service as to Filings Other Than the Summons. Unless a document is served through the ECF system, any document filed after the complaint required to be served by other means must contain a certificate of service stating: (1) (2) (3) the date and manner of service; the names of the persons served; and the addresses of the places of delivery, as appropriate for the manner of service. The certificate of service shall be affixed to the documents filed with the Court. Effective 12/1/18: §(b) amended.

Effective 12/2/13: §(a)(1) amended; and §(a)(2)-(3) and §(b) added. Effective 1/15/13: §(b) deleted. Effective 12/1/11: §§(b)(2) and (4) amended 12/1/2011. The numerical references in this rule were altered as part of the restyling of numerical references throughout the Local Rules.

Effective 1/3/11: §(a)(1) amended. Effective 10/1/09: §(a)(1) amended. Effective 1/5/09: §(b)(2) amended. CROSS-REFERENCES See LR Cv 5 (Form and Filing of Documents) and LR Cv 5.2 (Notice by Publication).

69 U.S. DISTRICT COURT RULES -- RULES APPLICABLE TO CIVIL PROCEEDINGS LR Cv 5.2 NOTICE BY PUBLICATION Whenever notice by publication is required, proof of publication shall be in the form of an affidavit that provides: (1) a copy of the notice as published; (2) the date(s) of publication; and (3) the name of the newspaper or other periodical in which the notice was published and the page number on which the notice appeared. 70 U.S. DISTRICT COURT RULES -- RULES APPLICABLE TO CIVIL PROCEEDINGS (a) In General. LR Cv 7 MOTIONS AND OTHER PAPERS (1) Request for Relief. A request for a court order must be made by motion.

A motion must be in writing unless made during a hearing or trial or if the Court permits otherwise. (2) Contents of a Motion. (A) Grounds and Relief Sought. All motions must state with particularity the grounds for seeking an order, the relief sought, and the legal argument necessary to support it.

(B) Accompanying Documents. A separate memorandum of law need not be filed. However, if a party chooses to file a memorandum of law, it must be served as an attachment to the motion and not as a separate docket entry. (3) (4) Response.

Any party may file a response to a motion, the contents of which are governed by LR Cv 7(a)(2). The response must be filed within 14 days after service of the motion unless the Court shortens or extends the time. Reply to Response. Although the filing of a reply is not required, any reply to a response must be filed within 7 days after service of the response.

A reply shall not present matters that do not relate to the response, or reargue or expand upon the arguments made in support of the motion. (5) Sur-replies. Sur-replies may only be filed with prior leave of Court. (b) (c) Record Citations in Administrative Appeals.

Any motion, response or reply filed in a case involving an appeal from the ruling or determination of an administrative tribunal, including but not limited to Social Security disability determinations, shall include all pertinent citations to the administrative record. Need for Hearing. All motions and responses shall contain a statement by counsel as to whether oral argument and/or an evidentiary hearing is requested; and, if so, the estimated time that will be required. Effective 12/1/17: §(a) amended; §§(b), (c) and (d)(1)-(3) deleted; §(d)(4) redesignated as (b); and §(e) redesignated as (c).

Effective 12/1/11: The numerical references in this rule were altered as part of the restyling of numerical references throughout the Local Rules. Effective 12/1/09: §§(b)(1) and (b)(2) amended. Effective 1/5/09: Title and §(d)(1) amended. Effective 3/17/08: §§(b)(1), (b)(2), (c) and (d)(1) amended, and §(d)(4) added.

71 U.S. DISTRICT COURT RULES -- RULES APPLICABLE TO CIVIL PROCEEDINGS CROSS-REFERENCES See LR Gen 102 (Motions to Seal); LR Cv 37 (Motions to Compel Discovery), LR Cv 56 (Motions for Summary Judgment), LR Cv 72 and LR Cr 57.2 (Objections to Reports and Recommendations); LR Cr 12 (Discovery Motions in Criminal Cases); and LR Cr 47 (Motions and Other Papers). See generally Fed. R. Civ. P. 6(a) (computation of time); LR Gen 303 (Special Filing Requirements). ____________________ LR Cv 9 REQUEST FOR EMERGENCY/EXPEDITED RELIEF OR FOR THREE-JUDGE DISTRICT COURT When a document is filed containing a request for a temporary restraining order, any other form of emergency relief, or the appointment of a three-judge court, such request shall be noted in all capital letters on the first page to the right of, or immediately beneath, the case caption, and shall set forth the basis for the request. In addition, the party making the request shall promptly communicate the request to the deputy clerk for the judge to whom the case is assigned. Effective 12/1/17: Rule amended.

CROSS-REFERENCES See LR Cv 7 (Motions and Other Papers). ____________________ LR Cv 9.1 NOTICE OF RELATED ACTIONS OR PROCEEDINGS Whenever a case pending in this Court involves a claim, occurrence, or event which is at issue in a proceeding pending before another tribunal, any party or counsel having knowledge of such other proceeding shall promptly file a “Notice of Related Proceedings.” Such notice shall identify the other proceeding, the tribunal before which it is pending, and the claim, occurrence, or event pending before that tribunal. 72 U.S. DISTRICT COURT RULES -- RULES APPLICABLE TO CIVIL PROCEEDINGS